What are the consequences of violating the duty of disclosure in inter partes reexamination?
The consequences of violating the duty of disclosure in inter partes reexamination can be severe. According to the MPEP 2684:
“Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct results in noncompliance with 37 CFR 1.555(a).“
While the specific consequences are not detailed in this section, violations of the duty of disclosure can potentially lead to findings of inequitable conduct, which may render the patent unenforceable. It’s important to note that the violation must involve bad faith or intentional misconduct, not mere negligence or oversight. Patent owners and their representatives should take this duty seriously to avoid potential negative consequences.
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